All musicians who would like to be featured with any of WHOOZNXT partners.
Yes. Sign up here.
Each partner has a different restriction on age and geography. Please click on the gig to review the description and check for any limitations here. If nothing is mentioned, there is no restriction on age and geography.
On a normal month - your total fan count dictates what tier you will be playing in. For example - opportunities in the Platinum Tier requires artists who have a total fan count above 25,000 fans; Gold Tier require artists who have a total fan count 5,000 - 25,000; Silver Tier requires artists who have a total fan count under 5,000. <strong>Exceptions on a case-by-case basis, including during the SXSW March window - where all artists are put into the same pool</strong>. Top-ranked artists will be featured. So sign up with all your social media sources so you can make sure all your fans are counted!
No. We will deliver the top-ranked pool, a number subject to discretion by each partner, for the final selection.
Each period lasts from the first of the month to the last day of that same month the same year (e.g. January 1 to 31).
Top-ranked artists, who have the highest growth in total number of fans (from all social media sources that each artist has signed in to the WHOOZNXT platform) over the period of one month - will be selected for opportunities in the month following each selection period. So sign up with all your social media sources so you can make sure all your fans are counted!
If you’re an artist or a fan, and you were unable to find an answer in our FAQs section, fill out the form below and we’ll help you find a solution as soon as possible.
Please make sure to complete the fields highlighted in red below.
Led by a former senior MTV executive who was responsible for the launch of Guitar Hero and RockBand, NXTM digitally represents artists such as Taylor Swift and Justin Timberlake, NXTM allows emerging bands to apply the same tools and top-tier exposure opportunities. With major media partnerships in television, radio, live venues, digital platforms, and more - WHOOZNXT is the only platform that rewards the online activity of artists with real-world exposure.
General Casting Call
1. Description of the Casting Call
The producers of the various venues (“Producers”) are seeking qualified individual performers, musicians or a group of performers performing together as a musical group (singularly or collectively, an “Artist”) to perform on television, radio, at live events or the Internet (collectively “Venues”). The general public will help identify these Artists by showing support on social media sites. The Casting Calls are conducted on a calendar month basis and are open to Artists that meet the qualification standards set forth in paragraph 2 and any additional standards that the Producers may establish from time to time.
Participating Artists must provide NXTM LLC (the Casting Call “Administrator”) with complete access to their social media sites (“Sites”) on which they maintain a presence, including, but not limited to, Facebook, Myspace, Twitter and YouTube, Vimeo, Last.fm and Soundcloud, up to seven sites. The procedures for providing full access are set forth at the Casting Call registration site (“Registration Site”).
Administrator will calculate the number of fans (“Fans”) Artists have on their combined Sites at the beginning of each monthly Casting Call and group them into Silver, Gold and Platinum Tiers. Artists with 0-5,000 Fans will be eligible to participate in the Silver Tier, those with 5001-25,000 will be eligible to participate in the Gold Tier and those with 25,001 and above will be eligible to participate in the Platinum Tier. The Administrator will track each Artist’s Fan activity and calculate the total increase in Fans from the first to the last day of a monthly Casting Call to determine an Artist’s ranking in the appropriate Tier.
A leaderboard will permit the Artists to track their standings throughout the month. The leaderboard will be updated several times daily. At the conclusion of each monthly Casting Call, the Artists will be ranked according to the number of new Fans they attract during the Casting Call period on all Sites to which Administrator has received access. The Administrator will refer the top ranking eligible Artists in each Tier to the Producers for their consideration. The number of Artists that may be referred and the identity the Venues that will be available in each Tier will be posted each month at the commencement of the Casting Call. The Producers, in their sole discretion, may select any referred Artist to appear on their respective Venues, regardless of the Artist’s ranking, but the Producers have no obligation to extend an invitation to any Artist in any month.
Artists that enter as a group (a “Band”) must appoint an Artist Representative (“Representative”) who will serve as the contact person for the Band (see paragraph 2). The Representative will provide all necessary registration information (see paragraph 3).
As used herein, the following definitions apply:
- Song: Original (words and lyrics) performed by Artist.
- Artist: Musicians who have reached the age of majority in their states of residence (18, except in AL and NE, 21 in MS) and who participate individually or collectively as a Band.
The Casting Call is open to Artists that are legal residents of the 50 United States and the District of Columbia that have reached the age of majority in their states of residence (18, except in AL and NE, 21 in MS) and that have no contractual obligations that will interfere with their participation in the Casting Call. Artists (including all members of a Band) that are current employees of Administrator or the Producers or who are immediate family and household members of any such individuals, are not eligible to participate. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” mean persons who share the same residence at least three (3) months a year, whether related or not.
To participate in a Casting Call, the Artist or Representative must register at the Registration Site by following the onscreen instructions, at which time they must affirmatively grant Administrator access to some or all of their social media Sites. Registration must be completed prior to the start date of any monthly Casting Call to be eligible for that Casting Call and a chance to appear on a Venue the following month. (Example: An artist that registers in May will compete in the June Casting Call for a chance to appear on a Venue in July). Artists who register in a particular month will participate in a Casting Call the following month and not in the month in which they register. For purposes of March 2011, Artists that register between March 16 and March 31, inclusive, are eligible for an April Venue appearance and also are eligible for the April Casting Call for a May Venue appearance. Administrator reserves the right to deny registration to any Artist that, in the Administrators sole discretion, fails to qualify under these Terms and Conditions.
5. Posting of Content
Artists may post content (“Content”) at their respective Sites which may include, but are not limited to, Songs, videos, photos, biographies, blogs, comments and reviews. Artists may not post any Content containing, in the Administrator’s sole estimation, information that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law or 3rd party rights.
Songs must be the original work of the Artist, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, other rights of any person or entity as determined by the Administrator, in its sole discretion. Administrator reserves the right to disqualify any Content that, in its sole discretion, fails to meet these criteria or is offensive or inappropriate, not in keeping with the image of Administrator or the Producers or that is otherwise not in compliance with these Terms and Conditions. If any Content contains any material or elements that are not owned by the Artist, and/or which are subject to the rights of third parties, the Representative is responsible for obtaining, prior to posting of the material, any and all releases and consents necessary to permit the use and exhibition of the content on its Site, including but not limited to, the intellectual property of any third party(ies) and the name and likeness from any person who is identifiable. Administrator reserves the right to request proof of these permissions in a form acceptable to Administrator from any Artist or Representative at any time.
Each Artist or Representative acknowledges that he/she: (i) has secured, or will secure, all third-party rights, licenses and obligations reasonably necessary or beneficial for their participation in the Casting Call; (ii) warrants that their Content does not and will not infringe on rights of others, including rights of publicity, privacy, patent, copyright, trademark or similar rights of any third party, or in any way contravene any applicable statute, law, order, rule or regulation.
The Artist or Representative that is selected by a Producer to perform will be notified by telephone, mail and/or email. All Artist members will be required to complete all performance related documents that may be required by the Producers.
8. General Conditions
By participating, Artists agree: (a) to abide by the decisions of Administrator and Producers, which shall be final and binding in all respects relating to this Casting Call; (b) to release, discharge and hold harmless Administrator and Producers, their affiliates and subsidiaries, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing from any and all injuries, liability, losses and damages of any kind resulting in whole or in part, directly or indirectly, from their participation in this Casting Call; and (c) to the use of their names, voices, professional and/or trade names, photograph/video, images and/or likenesses for programming, advertising, publicity and promotional purposes in any and all media.
9. General Conditions
Administrator is not responsible for any lost, late, incomplete, damaged, inaccurate, misdirected information on any social media sites; or for lost, interrupted or unavailable network or Internet service, website connections, or computer hardware or software malfunctions, relating to or in connection with the Casting Call. Administrator, in its sole discretion, will determine the authenticity of any Fan posting to a Site and reserves the right to disqualify any posting that it believes was fraudulently cast or is otherwise designed to undermine the integrity of the Casting Call and gain an unfair advantage, regardless of the Artist’s involvement. Artists that tamper with or abuse any aspect of the Casting Call, who act in an unsportsmanlike or disruptive manner, as solely determined by Administrator, will be disqualified.
Administrator reserves the right to alter these Terms and Conditions at any time, without notice.
Get Discovered! Official Rules
Contest Name: GET DISCOVERED! (the "Contest")
Station: Participating Stations (the “Station”) Click here for list of participating stations
Station Address: 32 Avenue of the Americas, New York, NY 10013
Telephone: (212) 377.7900
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Open to legal residents of the United States who are 18 years of age or older unless otherwise stated herein. Void outside participating Station’s Designated Market Area (DMA) as defined by Arbitron and where prohibited. Do not enter this contest if you are not located in the United States at the time of entry. Odds of winning depend upon the number of eligible entries received during the Contest Period.
Clear Channel Broadcasting, Inc., its subsidiaries and affiliated companies (together, the “Company”), will conduct its contests substantially as described in these general contest rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station. Participating stations are listed above or for a list of participating stations, please visit the offices of this Station during normal business hours.
- Must be FCC acceptable, including no use of indecent or obscene material or language.
- Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
- No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
- No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
- No misrepresentation or disparaging remarks about Sponsor or its products, or other people, products or companies.
- No content which implies or portrays graphic violence, excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous.
- No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the “N” word), threats, intimidations, or hostile acts.
- No content communicating messages inconsistent with the positive goodwill to which Sponsor wishes to associate.
- Must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.
- Cannot depict, and cannot itself, be in violation of any law.
- Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
The Station and Sponsor reserve the right to reject any entry, in their sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Station for airing advertising. The Company reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY THE COMPANY OR SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE COMPANY OR SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Company or Sponsor does not constitute a general waiver of any obligation to entrants. The Company reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
- Contestant profile on Whooznxt.com
- Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
- No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
- No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
WARRANTY: By submitting a Entry you warrant and represent that the Entry is an original work, created solely by you (or by yourself and others who have each granted you authority to license the rights stated herein), and that the use of the Entry as licensed hereunder does not infringe on any third party’s intellectual property rights, including copyrights, trademarks or other proprietary or personal rights. You warrant and represent that the Entry does not contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or threatening material. The song you perform shall be a song that you own or control 100% of the rights to the publishing and master recording. The Entry shall be free and clear of any claims by any person whose performances or depictions are embodied in the work, or any person rendering services in connection with the work. The Entry shall not contain any materials owned or controlled by a third party for which you have not obtained a license, such as samples, clips, “mashups”, “remixes” or the like. The Station reserves the right to remove an Entry that it deems to be in violation of these Official Rules.
CONDITIONS ON PARTICIPATION: By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station and the Contest Sponsor, that the decisions of the Company are final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; and (d) if you or any member of your band that is granting rights to the entry submitted in the Contest is a party to any third party agreement with a record label, production company, publishing company or any other third party, such agreement does not interfere with the rights granted to the entry in this Contest and/or receipt of any of the prizes listed herein, nor will you (or you and others who have each granted you authority to license the rights stated herein) enter into an agreement with any entity that would grant or transfer any rights of your entry submitted herein.
OWNERSHIP AND ENTRY LICENSE GRANTED: By entering you are not required to transfer ownership over your entry to anyone. However, in consideration of the chance to win a prize hereunder, by submitting the Entry to us, you hereby grant to us a worldwide, non-exclusive, non-restrictive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, display, and perform the Entry (including any title of the Entry and your name and likeness) in connection with the Station and the Contest (and all places where some or all content from the Station’s website is available) and otherwise in connection with the Station’s and the Company's businesses, including without limitation for promoting and redistributing part or all of the Station, its website, or iheartradio.com (and derivative works thereof) in any media formats and through any media channels now known or hereinafter developed without time limitation. You also hereby grant each user of the Station’s website a non-exclusive license to access the Entry. If you do not want grant the rights as set forth herein, please do not participate in the Contest.
PUBLICITY RELEASE: Additionally, you agree to grant to the Company and Muscular Dystrophy Association all rights to use any Entry that you submit, and the image, likeness, voice, name and photographs in the Entry or otherwise submitted or provided by you in any publicity or advertising relating to the Entry or the Company and the Contest, without compensation or approval (except where prohibited by law) in any and all media now known or hereinafter developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS: If you think that any Entry infringes your intellectual property rights, click here if you wish to report it [link to DMCA takedown policy]
Entrants must not be obligated to or bound by any sort of recording contracts or agreements with a record label. The musical artist consists of one member performing as an individual. A group may consist of no more than 5 members who perform the group’s original material. A band may consist of no more than 5 members playing and/or performing the band’s original music. For all purposes hereinafter the term “Band” shall collectively refer to both groups and bands. The term “Contestant” shall mutually represent the entrant as an artist, group and band.
BY ENTERING THE CONTEST, YOU ARE VERIFYING THAT YOU ARE THE OWNER AND PRODUCER OF THE SUBMITTED MATERIAL AND THAT NO THIRD PARTY OWNERSHIP RIGHTS EXIST TO THE MATERIAL SUBMITTED WHICH WOULD RESTRICT THE RIGHTS GRANTED HEREUNDER. YOUR SUBMITTED RECORDING WILL NOT BE RETURNED AND YOU WILL NOT BE PERMITTED TO USE THE SUBMISSION FOR ANY COMMERCIAL USE AFTER IT HAS BEEN SUBMITTED.
1. Description of Contest/Participation.
A. Dates of Contest: Contest will begin June 15, 2011 at 12:01 am Eastern Daylight Savings Time and end July 22, 2011 at 11:59 pm Eastern Daylight Savings Time (“Contest Period”). Entrants not located within the Eastern time zone must factor in the time difference for the defined time zone in which they are located, e.g. July 23, 2011 at 2:59 am Eastern Daylight Savings Time is July 22, 2011 at 11:59 pm Pacific Daylight Savings Time.
B. How to Enter: All entries must follow the Entry Guidelines set forth above. Submit your entry by logging onto the Station’s website beginning June 15, 2011 and follow the Contest links to register. On the participating Stations’ official “Get Discovered” contest page click on the Whooznxt entry graphic. By clicking through via the participating station site, Contestant is redirected to Administrator’s website and is prompted to create an artist/ band profile, follow entry instructions and accurately complete the entry by opting into the ‘Get Discovered’ contest to be officially entered. Deadline for registration is 11:59 pm Eastern Daylight Savings Time on July 22, 2011. Entries which are selected to be a finalist must include an uploaded audio performance featuring the Contestant performing original material in accordance with the entry guidelines set forth above and agrees to provide the Company with the consent and release provided by the Company. Each entry is considered to be one Contestant regardless of the number of members of the Band (subject to the limits stated in these Official Rules) and is referred hereto to as a “Contestant.” Incomplete and/or multiple entries will be disqualified. All entries selected as a finalist must include the following to be deemed valid: (a) the necessary or required releases, which must be filled out in its entirety and fully executed to be deemed complete; (b) Contestant’s recorded performance, and be in material accordance with the entry guidelines set forth above; (c) the fully completed contestant profile; (d) the entry form completed in its entirety. IF THE VALID ENTRIES HAVE NOT BEEN RECEIVED BY THE SUBMISSION DEADLINE STATED HEREIN OR OTHERWISE INSTRUCTED BY THE COMPANY, THE SUBMISSION WILL NOT BE ELIGIBLE AND CONTESTANT WILL NOT BE CONSIDERED AS A FINALIST FOR THE NEXT PHASE OF THE CONTEST. ALL ENTRANTS MUST CREATE AN ARTIST/BAND PROFILE PAGE ON SPONSOR’S WEBSITE BY THE REGISTRATION DEADLINE IN ORDER TO PARTICIPATE IN ANY PHASE OF THIS CONTEST. If contestant fails to provide a valid entry by the entry deadline herein, the entry will not be deemed valid and contestant will not be eligible. All requirements must be met before a contestant is permitted to participate and otherwise considered eligible.
Any recording can only be entered into the music genre the artist finds appropriate and may be submitted into multiple formats of music. By uploading a Submission in the Contest, entrants hereby warrant and represent that the entire Submission meets the following Entry Requirements: A Contestant must individually meet the contest eligibility (“Individual Eligibility Criteria”) stated in these official rules and/or the group of musicians that comprise the group which is featured in the Submission (as defined herein) (each, a “Band”) may not have more than five (5) members, may be of any musical genre, and must be accurately represented in the Submission and does not have any of the following agreements in effect either written or oral: (i.) a contract for talent representation (for example, a talent agent or manager);(ii) a current music recording contract; (iii) current agreement relating to the use of your name, voice and/or likeness; or (vi) an exclusive acting contract; or any other contractual arrangement that would prohibit you from fully participating in the Contest and/or entering into any contracts that me be required by Sponsor, including a recording contract and merchandising contract (the “Band Eligibility Criteria”). Each Contestant must meet the Individual Eligibility Criteria and the Band Eligibility Criteria, (collectively the "Eligibility Criteria"). Each Band member must meet the Individual Eligibility Criteria and each Band must meet the Band Eligibility Criteria in order to meet the Eligibility Criteria and be eligible to enter the Contest by submitting a Submission. Multiple entries by genre of music permitted per Contestant and any prize awarded in the Contest will only be made to the Contest entrant across the genres of CHR, Hot AC, Country, Alternative and Active Rock. Contestant must be the owner of the material submitted. No licensed materials accepted. Individual members of the Band may be entered more than once if the individual is a member of another Contestant’s Submission or is a solo performing artist (i.e. Contestant may be a member of a band/group but may also enter as a solo artist) The recorded material submitted may only be entered once into the contest and by one contestant and only one contestant submission for per band/ group (i.e. other members of the band may not individually register the band, creating multiple submissions for a band) Individuals may only enter once as an individual performer. The Band member which made the Submission will be the Contestant’s primary contact for a Band for duration of the Contest and the individual members of the Band may or may not be contacted at the sole discretion of the Station. It is the sole responsibility of the Contestant’s primary contact to give notice and contest information to each member of the group for which they registered. Contestant must be the owner of the material submitted. No licensed materials accepted. Contestants may submit only one (1) audio performance for the Contest. In the event that more than one submission is made (by any Band), the first valid Contestant submission shall be deemed the Band's Submission, and any additional contestant and/or submissions will be disqualified.
Entries will be deemed made by the authorized account holder of the email address or mobile phone number submitted at the time of entry and qualification. Incomplete and/or multiple entries will be disqualified. Use of any device to automate entry is prohibited. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be receipt acknowledged or returned. WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts.
By submitting a valid entry, and officially entering this contest, Contestant agrees that all members in the performance group agree to be bound by these official rules and further understands the Station in its sole discretion may or may not choose to broadcast on-air and on-line any or all information provided for the purposes of promoting the contest. By participating in the Contest, each Band agrees to comply with and be bound by these Official Rules and the decisions of the Company, which shall be final and binding in all respects and further acknowledge the rules, regulations, restrictions and prize description “as is.”
C. Contest Procedures: Once entered and registered, connect or link the artist/band Whooznxt profile account to any of the various social networks for the band or artist profiles in accordance with the entry guidelines set forth above. Administrator will monitor the band/artist’s fan growth within the specified contest period. The Contestants who accumulate the most overall fans from the various social networks combined, before July 22, 2011 at 11:59 pm Eastern Daylight Savings Time will qualify for the next phase.
On or about July 23, 2011, a panel of judges, selected by the Company (the "Elimination Panel"), will judge the qualified entries provided by Administrator, to determine the finalists based on entrant’s musical talents showcased on their profile pages. The Elimination Panel will provide the selected finalists for the final judging period of the next phase. Participants will not be notified of such selection/progression in the Contest. Selected finalist will be notified by the Company and must submit the requested material along with the signed release by the submission deadline provided. All material submitted by a finalist must meet the entry requirements herein.
The final judging period will have a panel of judges, selected by the Muscular Dystrophy Association and the Company (the "Selection Panel"), to select the Grand Prize winners from the finalists determined by the Elimination Panel. The Selection Panel will determine a total of three (3) Grand Prize Winners from one or more of the following genres: CHR, Hot AC, Country, Alternative and Active Rock based on originality, artistic ability, lyrical content, and overall sound. ALL DECISIONS OF THE JUDGES ARE FINAL.
Grand Prize Winners will be notified approximately 12 days following the end of contest period. The Grand Prize Winners will be notified by Clear Channel Radio Digital using the information provided at the time of entry. If a winner cannot be contacted from the information provided on the Internet registration form, the Company reserves the right to select another winner in its sole discretion.
*Notice: The Company reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. The potential winner must be available to participate when applicable to be eligible for the Grand Prize in any portion of the contest for which participation may be required to include a performance as part of the Grand Prize. No more prizes other than the stated prize(s) below will be awarded. If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Station, in its sole discretion, reserves the right to select an alternate entry at that time. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Station is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore eligible contestants agree as follows: All decisions of the judges will be final. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station, that the decisions of the Station are final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you not comply with the rules, then the eligible winner will be disqualified. The Station, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
The Company at its sole discretion reserves the right to chose to broadcast or not to broadcast the winning song(s) on-air.
2. Prize(s). The prize(s) that may be awarded to the eligible winner(s) are:
Three (3) Grand Prize winners (Grand Prize winner – artist consist of one individual / Grand Prize winner- band consist of multiple members not to exceed five (5)): The opportunity to play a 5-minute set during the Muscular Dystrophy Association's televised Labor Day Telethon, to be broadcast on September 4, 2011 from Las Vegas.
The Grand Prize Package consisting of the following:
- One 5 minute live performance at the 2011 MDA Telethon in Las Vegas, NV;
- Domestic round-trip airfare for winning artist/band to Las Vegas, NV to perform at the MDA Telethon on September 4, 2011;
- Standard hotel accommodations double occupancy South Point Hotel in Las Vegas or at hotel solely determined by sponsor for 3 days and 2 nights;
- Ground transportation to and from the hotel and to and from the airport in Las Vegas
- A per diem of $200 per person (up to five (5) people maximum) per day will be provided and may be used for all meals, any gratuities, airline baggage fees, or cost of local transportation during the stay and/or other necessities at the winner’s discretion.
Approximate total value of prize: $1,330.00. *Prize value varies per the number of members of the Grand Prize Winner. Prize package provided by iheartradio and the Muscular Dystrophy Association and is subject to change at the sole discretion of Clear Channel Radio Digital and/or MDA. Prize value may vary depending upon departure location and time of travel. Other restrictions may apply.
**The winning contestant must sign the release and IRS Form 1099 will be made out either in the name of the band/group if the band has a valid Tax ID number, alternatively it will be submitted using the name of the individual member contestant which entered the contest and submitted the group submission at the time of entry and will be responsible for any and all taxes. Winner must fill out all necessary forms and is responsible for all taxes.
Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest’s official rules. Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Company. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative grand prize winner. Certain prizes which are date specific such as event or concert tickets, Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the grand prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Location of seats and tickets are in Company’s sole discretion. If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.
Prize Conditions and Restrictions: The Grand Prize is subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc). If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees: (i) that all decisions of the Company, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, Station, Muscular Dystrophy Association and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow the Company, Muscular Dystrophy Association, and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Station will have no further obligation to winner.
Grand Prize travel must take place on and/or within the designated dates and is subject to schedule and availability. If the Grand Prize winner is unavailable for travel on the designated dates, the Grand Prize winner will forfeit his/her rights to prize, no cash substitution shall be offered, and the Company shall have no further responsibility for that portion of the prize. If a winner cannot be contacted or is disqualified, the Company reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. Grand Prize winner and guest must travel out of the same airport and on the same itinerary. A minor must be accompanied by a parent or legal guardian. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the Grand Prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Company shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Company will not be responsible for replacing that portion of the prize. The Company, Muscular Dystrophy Association, and Sponsor are not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Company, Muscular Dystrophy Association, and Sponsor are not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Company and Muscular Dystrophy Association are not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. Actual value of the trip will depend on point of departure and any airfare fluctuations. Any difference between stated value and actual value will not be awarded. All prizes or prize vouchers must be redeemed from the Station within 30 days of the contest end date unless stated otherwise in these Official Rules.
All of the following will apply to each grand prize winner : 1) Winner will be required to complete and return, within 3 days of date of receipt, a prize acceptance form including the name of their travel guest if applicable (age 18 or older or applicable forms and releases if guest is a minor), an IRS Form W-9, an affidavit of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest; 2) Winner may be required to present a copy of a valid social security card and a valid passport as a condition of participating or receiving any prize. In accordance with applicable laws, international travelers must possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified; 3) Winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won; and 4) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by The Company’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by The Company’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize from The Company does so entirely upon their own initiative, risk, and responsibility. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Station will have no further obligation to winner.
3. Eligibility and Limitations.
Participants and winner(s) must be legal residents of the 50 United States or the District of Columbia, and be at least 18-years old, as of the date of entry and prize award as determined by the Company. No one under the age of thirteen (13) will be permitted to enter a contest under any circumstances. Participants and winners must reside in the Station’s Designated Market Area (DMA) as defined by Arbitron. Commonly the DMA represents a radio station's total listening market audience in a geographic area. If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves listener participation by voting for a contest participant on the station’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian, may (in Company’s sole discretion) be required to sign and return an affidavit of eligibility, release of liability and prize acceptance agreement ("Prize Acceptance Release of Liability and Publicity Release") within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated in the contest’s official rules. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Employees of the Company, the Station, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer.
5. Voting Contests.
By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per person/verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
6. Publicity; Use of Personal Information.
7. Consumer Created Content.
If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company, Muscular Dystrophy Association, contest sponsors, or Administrator under any fiduciary or other obligation, that the Contest Entities are free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Company and Contest Entities do not waive any rights to use similar or related ideas previously known to them, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the Company and the Contest Entities a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON COMPANY’S WEBSITE, IN COMPANY’S DISCRETION. Content: (a) must comply with these Official Rules and any Terms of Service on the Station website; (b) must be uploaded through the in format specified and must comply with the posting requirements set forth above and as posted on the Station website; (c) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Company or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Company does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Company) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Company; (h) no background artwork should appear in an content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Company wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY COMPANY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE COMPANY OR THE CONTEST ENTIES IN ANY MANNER. Any waiver of any obligation hereunder by Company or Contest Entities does not constitute a general waiver of any obligation to entrants. Company reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Company reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period. By submitting content you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or voice is used in the content and (f) and that publication of the content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, the Company, its Stations, the Contest Entities, and their agents from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Company’s and Muscular Dystrophy Association’s use of such content, in a form satisfactory to Administrator, upon request, prior to award of prize and/or naming of entrant as a winner. By accepting a prize, the winner agrees that his or her content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Company all of his/her right, title and interest in and to his/her video, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Company, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their content. Company reserves the right to alter, change or modify the winning content, in its sole discretion. Upon request of Company, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Company, reasonably necessary to establish the ownership of record of the right, title and interest in and to the content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Company fail to request the said assignment as stated, that shall not be deemed a waiver of Company’s rights and Company may at a later time request the assignment.
By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, Muscular Dystrophy Association, the Contest’s sponsors, and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company.
Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS Form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
10. Conduct and Decisions.
By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest to Company’s, Station’s and/or Sponsor's "discretion" and/or any exercise of discretion by Sponsor, Station or the Company shall mean in Company’s, Station’s and/or Sponsor's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the contest if, in the sole discretion of the Company, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.
Void outside the Designated Market Area and where prohibited unless otherwise determined by the Company. Odds of winning depend upon the number of eligible entries received during the Contest Period from all participating stations. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, send request along with the name of the contest include a self addressed return envelope to: Clear Channel Broadcasting Inc, iheart radio Sweepstakes and Contests, 32 Avenue of the Americas, 3rd floor, New York, NY 10013. All entries become the property of the Company and will not be returned. As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
12. Compliance with Law.
The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.
* Any and all registered names used in this contest or otherwise mentioned are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners and are not otherwise affiliated with this promotion in any manner.
Appendix A - Participating Stations
The Company is conducting the Contest concurrently and simultaneously on several participating stations that are located in various States and their perspective time zones. Entrants not located within the Eastern time zone, must factor in the time difference in determining the dates and times stated herein. The Company may add or remove participating stations or change call letters of any participating station at any time during the Contest as announced on the affected station. The Station’s participation in this contest during the contest dates may vary from day to day as announced on air of the affected Station, and as listed as amended in Appendix A. Station will announce participation. Stations participating in this contest may include all stations owned or operated by Clear Channel Broadcasting, Inc. Stations participating include: See attached Appendix A
Late Nite Casting Call
1. Description of the Casting Call
NXTM is seeking qualified individual performers, musicians or a group of performers performing together as a musical group (singularly or collectively, an “Artist”) for an opportunity to perform on “Jimmy Kimmel Live”. The general public will help identify these Artists by showing support on social media sites. The Casting Calls are conducted on a calendar month basis and are open to Artists that meet the qualification standards set forth in paragraph 2 and any additional standards that the Producers may establish from time to time.
Participating Artists must provide NXTM LLC (the Casting Call “Administrator”) with complete access to a maximum of seven of their social media sites (“Sites”), including, but not limited to, Facebook, Myspace, Twitter and YouTube, Vimeo, Last.fm and Soundcloud. The procedures for providing full access are set forth at the Casting Call registration site (“Registration Site”).
Administrator will calculate the number of fans (“Fans”) Artists have on their combined Sites at the beginning of each monthly Casting Call. Only Artists that have a minimum of 25,000 Fans, as such term is defined in the following sites: Facebook: “Like” a “Fan Page”; Twitter, Soundcloud, “Follower”; MySpace, Last.fm “Friend”, Youtube.com, Vimeo.com, “Subscriber”, will be eligible to participate in this Casting Call. The Administrator will track each Artist’s Fan activity and calculate the total numerical increase in Fans from the first to the last day of a monthly Casting Call to determine an Artist’s ranking. The number of Fans of the end of each monthly casting call will establish the baseline number for the next month’s Casting Call.
A leaderboard will permit the Artists to track their standings throughout the month. The leaderboard will be updated several times daily. At the conclusion of each monthly Casting Call, the Artists will be ranked according to the number of new Fans they attract during the Casting Call period on all Sites to which Administrator has received access. The Administrator will refer the top ranking eligible Artists to the producers of Jimmy Kimmel Live (“Producers”) for their consideration as determined by the number of new Fans an Artist attracts in the Casting Call period. The number of Artists that may be referred will be posted each month at the commencement of the monthly Casting Call. The Producers, in their sole discretion, may select any referred Artist to appear on Jimmy Kimmel Live, regardless of the Artist’s ranking, but the Producers have no obligation to extend an invitation to any Artist in any month and may discontinue the Casting Calls at any time.
Artists that enter as a group (a “Band”) must appoint a single Artist Representative (“Representative”) who will serve as the contact person for the Band (see paragraph 2). The Representative will provide all necessary registration information (see paragraph 3).
As used herein, the following definitions apply:
- Song: Original (words and lyrics) performed by Artist.
- Artist: Musicians, singers and performers who are 21 years of age or older who participate individually or collectively as a Band.
The Casting Call is open to Artists that are legal residents of the 50 United States and the District of Columbia and that have no contractual obligations that will interfere with their participation in the Casting Call. The Artist and all members of a Band must be at least 21 years of age or older at the date of registration. Artists (including all members of a Band) who are current employees of Administrator or the Producers or who are immediate family and household members of any such individuals, are not eligible to participate. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” mean persons who share the same residence at least three (3) months a year, whether related or not.
To participate in a Casting Call, the Artist or Representative must register at the Registration Site by following the onscreen instructions, at which time they must affirmatively grant Administrator access to some or all of their social media Sites. Registration must be completed prior to the start date of any monthly Casting Call to be eligible for that Casting Call and a chance to appear on Jimmy Kimmel Live the following month or at a later date. (Example: An artist that registers in May will compete in the June Casting Call for a chance to appear on Jimmy Kimmel Live in July or at a later date). For the week beginning March 16-23, the Casting Call will be open solely to qualifying Artists that register with the SXSW Festival, and only those registrants shall be eligible for a potential appearance in March on Jimmy Kimmel Live, if any. Artists that register during the March 16-31 period are eligible to participate in the March and April Casting Calls for a Jimmy Kimmel Live appearance in April and beyond. Late registrations will applied to the next full Casting Call period. Administrator reserves the right to deny registration to any Artist that, in the Administrators sole discretion, fails to qualify under these Terms and Conditions. Note: Artists who complete registration in a specific month will be eligible to participate in Casting Calls in the following and subsequent months.
Each Artist or Representative acknowledges that he/she: (i) has secured, or will secure, all third-party rights, licenses and obligations reasonably necessary or beneficial for their participation in a Casting Call; (ii) warrants that their Content does not and will not infringe on any rights of others, including rights of publicity, privacy, patent, copyright, trademark or similar rights of any third party, or in any way contravene any applicable statute, law, order, rule or regulation. If an Artist is selected to perform on Jimmy Kimmel Live as a result of a Casting Call, Artist agrees, without compensation, to grant or will cause to be granted to the Producer all worldwide performing rights in musical compositions it may perform on Jimmy Kimmel Live, in whole or in part, for all media, excluding theatrical, for a period of 5 years and to execute any additional documents in connection therewith as Producer may require.
The Artist or Representative that is selected by a Producer to perform will be notified by telephone, mail and/or email. All Artist members will be required to complete all grant of rights and performance related documents that may be required by the Producers. All appearance dates are subject to Producer’s sole discretion.
7. General Conditions
By participating, Artists agree: (a) to abide by the decisions of Administrator and Producers, which shall be final and binding in all respects relating to this Casting Call; (b) to release, discharge and hold harmless Administrator and Producers, their affiliates and subsidiaries, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing from any and all injuries, liability, losses and damages of any kind resulting in whole or in part, directly or indirectly, from their participation in a Casting Call; and (c) to the use of their names, voices, professional and/or trade names, photograph/video, images and/or likenesses for programming, advertising, publicity and promotional purposes in any and all media.
Administrator is not responsible for any lost, late, incomplete, damaged, inaccurate, misdirected information on any social media sites; or for lost, interrupted or unavailable network or Internet service, website connections, or computer hardware or software malfunctions, relating to or in connection with the Casting Call. Administrator, in its sole discretion, will determine the authenticity of any Fan “visit” to a Site and reserves the right to disqualify any visit that it believes may have been fraudulently or inappropriately posted or that is not in keeping with fairness and integrity of competition. Administrator reserves the right to disqualify any Artist that posts any content on its site that is designed to undermine the integrity of the Casting Call and gain an unfair advantage, regardless of the Artist’s involvement. Artists that tamper with or abuse any aspect of the Casting Call, who act in an unsportsmanlike or disruptive manner, as solely determined by Administrator, will be disqualified.
Administrator reserves the right to alter these Terms and Conditions at any time, without notice.
Effective Date: March 14, 2011
1. We Collect The Following Types Of Information:
Your Personal Information.
We collect personal information when you create an account or when you submit personal information when requested with the Site. When you create an account or submit personal information when requested, you may be required to submit your name, email address and other contact information. When you sign into the Site using your login information, you are not anonymous. Additionally, as part of registration for our service, we require that you provide us with complete access to the following social media sites on which you maintain a presence: Facebook, Myspace, Twitter and YouTube, Vimeo, Last.fm and Soundcloud (the “Social Network Sites”).
We collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Site and to provide NXTM customers with a fulfilling experience on the Site. Additionally, pursuant to the Terms of Service, we may disclose and make available to other subscribers to the service your data and information available to us from your Social Network Sites.
We gather your IP address when you use the Site. We use IP addresses for diagnostic and statistical purposes and to administer the Site.
We may collect aggregated demographic information about our users, such as age, interests, etc. We may share certain aggregated demographic information that we collect with our business partners regarding the users of the Site. The aggregated information that we provide is not directly linked to any personally identifiable information.
2. We May Use, Share And Disclose Your Information In The Following Ways:
To Contact You.
We use your personal information to contact you. Using your contact information, we may also send you e-mail messages under the following circumstances, among others:
- to respond to an inquiry or request for information;
- to thank you for contacting us;
- to welcome you to the Site;
- to explain new offerings and features of NXTM;
- to communicate with you regarding your use of the Site; and
- to market NXTM’s products and services and the products and services of our business partners
We will share your personally identifiable information within our business for the purposes of furthering our business, including analyzing your information and other uses.
We will use your personally identifiable information to provide information or perform services that you request we, or a third party, provide or perform. If the applicable information is to be provided or service is to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing the applicable service.
Third Party Marketing.
We may share your personally identifiable information with our affiliates and other business partners who work on behalf of or with NXTM under confidentiality obligations. These companies may use your personal information to assist NXTM in communicating with you about the Site, NXTM or other offerings of NXTM or our business partners. Such third parties do not have any independent right to disclose your personally identifiable information.
We may use and disclose your personally identifiable information to the extent reasonably necessary to:
- correct technical problems and malfunctions in how we provide our products and services to you and to technically process your information;
- protect the security and integrity of the Site and our Internet service, including without limitation to enforce our Terms and Conditions with you;
- protect our rights and property and the rights and property of others;
- take precautions against liability;
- respond to claims that your information violates the rights and interests of third parties;
- the extent required by law or to respond to judicial process; and
- the extent permitted under other provisions of law, to provide personal information to law enforcement agencies or for an investigation on a matter related to public safety.
You understand and agree that technical processing of your information is and may be required to:
- send and receive messages regarding your use of the Site;
- conform to the technical requirements of connecting networks;
- conform to the limitations of our service; or
- conform to other, similar technical requirements.
We may monitor how our users use our Site including without limitation search terms entered, pages visited and documents viewed. This information may be stored with an IP address. This information is used solely for purposes of enabling us to provide you with a personalized Site experience. Aggregated forms of this data may also be used in order to help us understand areas for future research and to identify future features and functions to develop for the Site.
The Site may make available to its users chat rooms, forums, message boards, and/or other community functions. Remember that any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal, financial or other information. You should use such community functions at your own risk.
Links to Other Sites:
This Site may contain links to other third party websites. We are not responsible for and shall not have any liability arising from the privacy practices or the content of other websites.
Storage Of Personal Information:
We store information collected via the Site, including without limitation your personally identifiable information, indefinitely.
You can change and modify the information you previously have provided to us by contacting us at:
NXTM takes precautions to protect data and information under its control from misuse, loss or alteration. NXTM’s security measures include industry-standard technology and equipment to help protect your information, and we maintain security measures to allow only the appropriate personnel and contractors access to your information. Unfortunately, no system can ensure complete security, and Company disclaims any liability resulting from use of the Site. If you have any questions about the security at our Site, please send an e-mail to: .
Change in Control:
“Change in control” means any of the following events:
- we undergo a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise;
- we become insolvent;
- we make a general assignment for the benefit of creditors;
- we suffer or permit an appointment of a receiver for our business or assets;
- we become subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign; or
- we are liquidated, voluntarily or otherwise.
Terms of Services
last update: March 14, 2011
Welcome, and thank you for your interest in NXTM LLC (referred to as "we", "us", or "Company"). Company owns and operates website properties located at whooznxt.com and elsewhere on the Internet (collectively referred to as the “Sites,” and the Sites together with any other products and services provided by Company, whether through the Sites or through third party sites or services provided by or on behalf of Company, are collectively referred to as the "Service"). The Service includes a platform and set of tools designed to permit artists to engage with fans, promote their content to fans, measure the effectiveness of such promotional efforts, manage their artist online presence and offer goods and merchandise for sale.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND ANY OTHER RULES AND GUIDELINES THAT MAY FROM TIME TO TIME BE COMMUNICATED TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND COMPANY. BY ACCESSING THE SITES, OR AVAILING YOURSELF OF THE SERVICE IN ANY MANNER, YOU ("YOU", "YOUR" OR "USER") AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND THE CASTING CALL TERMS AND CONDITIONS, INCLUDING AS EITHER MAY BE AMENDED BY COMPANY IN ITS SOLE DISCRETION FROM TIME TO TIME (AS NOTED AT THE TOP OF THE TERMS AS OF THE DATE "LAST UPDATED"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, INCLUDING AS AMENDED OR SUPPLEMENTED BY COMPANY, YOU SHOULD IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
You must be 18 to use the Service, and by using the Service, you represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under the age of 13. If you are using or opening an account on the Service on behalf of a company, entity, or organization (including an artist group entity such as a partnership) (collectively “Subscribing Organization”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and (ii) agree to be bound by these Terms on behalf of such Subscribing Organization.
Artists will have login information, including a username and password. The Artist’s account is personal to the Artist and the Artist may not share its account information with, or allow access to your account by, any third party. As the Artist will be responsible for all activity that occurs under its access credentials, the Artist should take care to preserve the confidentiality of its username and password, and any device that the Artist uses to access the Service. The Artist will notify us of any breach in secrecy of its login information. If the Artist has any reason to believe that its account information has been compromised or that your account has been accessed by a third party, the Artist agrees to immediately notify Company by e-mail to . The Artist will be solely responsible for the losses incurred by Company and others (including other users) due to any unauthorized use of your account that takes place prior to notifying Company that your account has been compromised.
2. ACCESSING THE SERVICE
Company grants you permission to access and use the Service as set forth in these Terms, provided that: (i) you use the Service solely for your personal, private, noncommercial use; (ii) you do not reproduce, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from the Service, in any medium without Company’s prior written authorization, or as authorized in these Terms; (iii) you do not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you will otherwise fully comply with these Terms.
The Service is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Service is appropriate or available for use in other locations, and access to the Service from territories where any content or features that are available on or through the Service may be illegal is prohibited. Those who access or use the Service from other jurisdictions do so at their own risk and are solely responsible for compliance with local laws.
Certain functions, areas and/or features of the Service may now or in the future have fees associated with them, including, without limitation, license fees to access or use certain features of the Service. When you use a function or initiate any action that has a fee you will have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time in our sole discretion. Company may choose to temporarily change the fees for Company's services for promotional events or new services without liability to users who have already paid higher fees for the same services, and such changes are effective immediately upon posting through the Service. Any changes for such fees will be effective as described in Section 10 (“Modification of the Terms”), below. Unless otherwise stated, all fees are in U.S. Dollars.
Other Artist Access.
By Registering for the Service, you hereby consent to our disclosure or making available to other Artists your data and information available to us from your Social Network Sites.
3. COMPANY CONTENT
The Service is owned and operated by Company. The content, visual interfaces, interactive features, information, graphics, design, artwork, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, computer code, products, software, services, the compilation of the foregoing, and all other elements of the Service that are provided by Company (“Company Content”), are the valuable proprietary and intellectual property of Company or its licensors. The Company Content is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret. You agree not to reproduce, distribute, display, publicly perform, revise, create derivatives of, copy, publish, sell, license, or edit any such Company Content except as permitted by the intended functionality of the Service and these Terms. Any attempt to download, print, publish, reproduce, publicly perform, or maintain a significant portion of the Company Content from the Service in violation of these Terms, to distribute copies of such content, information, or software, or to otherwise exploit the content, information, or software in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms. Although Company makes efforts to insure that all material on the Service is correct, accuracy cannot be, and is not, guaranteed by Company.
4. SALES OF ARTIST PRODUCTS
You Appoint Us As Seller of Artist Products.
From time to time, we may offer you the ability to sell products derived from Your User Submissions (as described in Section 5 below), such as digital downloads, ringtones, and other merchandise ("Artist Products"), to users of the Service via a so-called "webstore" or similar application that will exist on the Service ("Your Online Store"). In that connection, you appoint us as your non-exclusive, worldwide seller of your Artist Products through the Service, which includes the right to fulfill orders for Artist Products and deliver such Artist Products to end users. You agree to abide by any applicable policies, guidelines or rules on the Site which govern your use of Your Online Store.
Product Upload and Pricing.
You will upload to the Service all Artist Products that you want to us to offer for sale through Your Online Store in accordance with the applicable instructions on the Site. We may, in our sole discretion, determine whether your Artist Products comply with such instructions and are satisfactory for sale. You will be able to select the price for each Artist Product you choose to sell through Your Online Store, provided that the price you select is at least as much as the minimum price we have implemented for the type of Artist Product you wish to sell.
Your Share of Revenue.
For each valid purchase of an Artist Product by an end user that is not returned, we will pay you an amount equal to Ninety Percent (90%) of the gross revenue received by us after deducting any costs incurred by us in connection with such sale, including, third party transaction fees and the following transaction expenses: (i) excise, sales, value-added or similar taxes, (ii) credit card and other payment processing costs (e.g., PayPal), (iii) returns, refunds and/or credits, (iv) shipping and handling costs to the extent not paid by the purchaser, and (v) any international taxes where applicable. You acknowledge and agree that the sale of Artist Products is speculative and nothing under these Terms acts as a guaranty by us that our exploitation of Artist Products shall generate any compensation to you. In the case of any sale of an Artist Product that is derived from a musical composition (such as a digital download of a recorded song) we shall have the right to withhold from your share of revenue all mechanical copyright royalties due to the owners of any musical composition unless and until you have provided us with evidence of licenses or consents, satisfactory to us, from the owners of the musical composition authorizing you to reproduce and sell copies of such musical composition.
How We Account To You.
If you earn less than the dollar amount set as the payment threshold ("Payment Threshold") in your account (currently, the minimum amount is Thirty Dollars ($30)), then the amount of such compensation will not be paid, but will accumulate in your Account until such time as it becomes equal to or greater than the Payment Threshold. We will make a payment to you to your Paypal account or such other payment method that we may utilize in our discretion from time to time, for the amount of such compensation no later than 60 days after the end of the month in which the total amount of accumulated compensation may reach or exceed the Payment Threshold. We may, in our discretion, send you a payment before your accumulated compensation reaches or exceeds the Payment Threshold. Currently, we only compensate users through payments to Paypal accounts. In order for you to receive payments from us, if any, you must have a valid Paypal account. For purchases made by end users via credit card or bank account deduction mechanism, final payment shall be deemed to have occurred at such time as the applicable credit card company or bank has fully settled the payment for the purchase, provided that we shall be entitled to an adjustment for user refunds and credits issued by us (or our licensees) in our sole discretion.
You will be solely responsible for the creation of each Artist Product that you upload to the Service, and will pay all costs associated with its creation, fulfillment and sale of each Artist Product. These costs include: (i) compensation due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of each Artist Product (for example, you must pay other members in your band or group who are entitled to share of revenues paid to you and you must pay all mechanical copyright royalties due to the owners of any musical composition used in your Artist Product); (ii) payments required by any agreement between you and any labor organization (such as unions or guilds); (iii) all studio, tape, editing, mixing, re-mixing, mastering and engineering costs; (iv) all costs of travel, per diems, facilities and equipment, and similar expenses; (v) any federal, state, or local taxes imposed on compensation paid to you from the sale of each Artist Product; (vi) the costs of Artist merchandise and other products sold and the fulfillment thereof; (vii) any payments to performing rights societies (e.g. ASCAP, BMI, SESAC and Sound Exchange); and (viii) agency fees and/or commissions payable with respect to securing, placement or serving advertisements or sponsorships and/or direct product sales,. If we advance any of the costs referred to in the prior sentence, we shall have the right to deduct such payments from monies otherwise due to you hereunder.
5. USER SUBMISSIONS; OWNERSHIP AND SUBMISSION RULES
You retain all of your ownership rights in and to the original texts, files, images, photographs, artwork, audiovisual recordings, sound recordings, musical works, works of authorship, text postings, and other original materials owned and created by you which you upload within the Service (i.e., those materials created, owned and uploaded by you which do not incorporate any Company Content or any other third party materials) ("User Submissions"), including any trademarks, trade names, characters, and/or copyrights therein owned by you. Certain features of the Service may enable you to submit User Submissions for use in and in connection with the all or part of the Service, which User Submissions shall be subject to these Terms, the following terms (“Submission Rules”), and any additional terms that may be posted for a specific feature of the Service:
- No Illegal, Infringing or Abusive Message User Submissions: You understand and acknowledge that you are responsible for your User Submissions, and agree not to post any User Submissions that are unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company.
- No Violations of Third Party Rights: You agree that you will not post any User Submissions that contain personal information about any individual other than yourself or any Subscribing Entity, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Company. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any User Submissions that contain slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- No Commercial Use: You agree that you will not post any User Submissions that contain business solicitations of any type (other than the promotion and marketing of your artist content), including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any User Submissions that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Service, or feature of the Service. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Company or as embedded in the User Submissions unless expressly authorized in writing by Company.
- Use of Registration or Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
- Responsibility for User Submissions: You understand and acknowledge that User Submissions posted by you is solely your responsibility, and that Company is not responsible for the information, data, text or other materials that may appear in any User Submissions. Opinions expressed in User Submissions do not necessarily reflect the opinions of Company, and Company does not endorse and has no control over User Submissions. User Submissions are not necessarily reviewed by Company prior to posting and Company makes no warranties, express or implied, as to the User Submissions or to the accuracy and reliability of the User Submissions.
- No Monitoring: Company does not control User Submissions and does not have any obligation to monitor such User Submissions for any purpose. Company may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Submissions, but by doing so Company nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, or to monitor, review, or otherwise access other User Submissions, and Company assumes no responsibility for the conduct of the User submitting any User Submissions. You acknowledge that Company may or may not pre-screen User Submissions, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Service. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Company violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission. You should exercise good judgment in uploading any User Submissions.
- User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Service or features therein. Company may cancel your account and delete all User Submissions associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. Company assumes no liability for any information removed from our Service, and reserves the right to permanently restrict access to the Service or a user account.
- No Confidentiality: Certain features of the Service are interactive and public. By posting User Submissions, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Company may be used by Company anywhere, anytime, and for any reason whatsoever subject to the terms of the User Submissions License described in Section 6 (User Submissions License to Company) below.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Company and these Terms, and to grant the rights and license set forth above (including all rights necessary for the use of any musical works, sound recordings, or other works embodied in any User Submissions), and (ii) your User Submissions, Company’s use of such User Submissions pursuant to these Terms, and Company’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any sound recording copyright owners, so-called mechanical or synchronization royalties to any music publishers, or any public performance royalties to any performing rights organization (e.g., ASCAP, BMI, SESAC).
- Obligations Relating to User Review, Commentary and Ranking. Certain features of the Service may permit you to review, comment on and/or rank User Submissions (or other artist elements included in the Service). You are solely responsible for your commentary, rankings and/or reviews, which must adhere to these Terms, including the Submission Rules.
Company may delete any User Submissions that, in the sole judgment of Company, violates these Submission Rules or the Terms.
6. USER SUBMISSIONS LICENSE TO COMPANY
After posting your User Submissions to the Service, you continue to have the right to use your User Submissions in any way you choose, subject to these Terms and the license described herein (“User Submissions License”). By uploading, displaying, publishing, or otherwise posting any User Submissions on or through the Service (or any portion thereof), you hereby grant to Company a limited, non-exclusive (meaning that you are free to license your User Submissions to anyone else in addition to Company), sub-licensable (so that Company can use its affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide the Service), worldwide (because the Internet and Service are global in reach), fully-paid and royalty free (meaning that Company is not required to pay you for the use of the User Submissions you submit) license to use, modify (every effort will be made to preserve the integrity of your User Submissions, but occasionally a technical modification such as compressing the file is necessary), publicly perform, publicly display (for editorial or promotional purposes), reproduce, and distribute such User Submissions without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Submissions.
You agree to indemnify and hold harmless Company and its parent, subsidiaries, affiliates or any related companies, licensors, licensees, suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other Users who use any User Submissions you upload to and make public on or via the Service or specifically share with any other Users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service; (ii) your User Submissions, including Company’s or any User’s reproduction, distribution, public performance, public display, modification, editing, adaptation, or other exploitation of your User Submissions consistent with these Terms; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Submissions infringes or violates any third party intellectual property rights, including any claims for the payment of so-called mechanical royalties, synchronization royalties, public performance royalties, or any other royalties claimed by any owner of any rights in any User Submissions. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company and you agree to cooperate with Company’s defense of these claims. You agree not to settle any matter without prior written consent from Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. THIRD PARTY WEBSITES
9. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
Company makes no representations about the reliability of the features of the Service, the Company Content, User Submissions, or any other feature of the Service, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Company makes no representations regarding the amount of time that any Company Content or User Submissions will be preserved. Company does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other User Submissions and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or User Submissions. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company. Notwithstanding the foregoing, you may accurately disclose and describe your participation in the Service and your User Submissions (for example, describing and promoting your User Submissions on a personal blog or in emails).
THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH COMPANY MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THE SERVICE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY COMPANY.
10. MODIFICATION OF THE TERMS
Company reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service. These Terms will identify the date of last update. Your use of any Service following any such change constitutes your agreement to be bound by the modified Terms. Material changes to these Terms will be effective upon the earlier of (i) Your first use of the Service following such change or (ii) 30 days from posting of such change. We encourage you to review these Terms prior to your use of the Service, even in the event of return visits.
11. AVAILABILITY OF SERVICE
Company may make changes to or discontinue any of the features, media, content, communities, products, software, or services available within the Service at any time, and without notice. The features, media, content, communities, products, software, or services on the Service may be out of date, and Company makes no commitment to update any materials on the Service.
12. USER DISAGREEMENTS
Your use of the Service may bring you into contact with other users, and their User Submissions. You are solely responsible for your involvement with other Users. If you have a dispute with one or more Users, you release Company (and Company's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Company, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services including support (or any part thereof), or terminate any license granted to you hereunder (including licensed rights to any content or materials downloaded by you during your use of the Service, including User Submissions), at any time, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination, including for the unavailability of any User Submissions (including those uploaded by you). Company does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserves the right to terminate access to the Service, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
If you are dissatisfied with the Service, then please let us know by e-mailing us at . Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Terms, (iii) any policy or practice of Company in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your use of the Service. You may terminate your use by closing your account, discontinuing your use of any and all parts of the Service, or providing Company with notice of termination at .
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. Notwithstanding the survival of Section 5 (User Submissions), your rights under any licenses granted to you by Company or by any other Company users pursuant to these Terms, including, but not limited to, those licenses in Section 5, shall terminate immediately upon termination by Company, and licenses granted to you with respect to any User Submissions removed from the Service will terminate immediately upon such removal.
14. DIGITAL MILLENNIUM COPYRIGHT ACT
Company respects the rights of copyright owners and expects Users of the Service to do the same. Therefore, infringing content may not be submitted to the Service or used, in whole or in part, in any User Submissions. If you upload User Submissions that contains any copyrighted work, including literary works, musical works, or sound recordings, or any combination thereof, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and grant the rights to any third parties, including Company and any other Users, contained in these Terms. In addition to being grounds for removal of your User Submissions, termination of your account, and any other remedy Company may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.
Copyright Owner Rights.
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company's designated copyright agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Service;
(iv) The address, telephone number, and/or electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is Company's policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Company will promptly terminate without notice the accounts of Users that are determined by Company to be “repeat infringers.” If Company receives more than three takedown notices regarding a User’s User Submissions, then that User will be considered a repeat infringer and their account will be terminated.
Company’s designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached at: .
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SERVICE.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other. These Terms will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using the Service, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Los Angeles, California. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Software that may be available in connection with the Service (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The failure of Company to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms. If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Service, and replaces any prior understandings or agreements (whether oral or written) regarding the Service. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Service and any promotions contained thereon is void where prohibited.
Opening Act Terms of Service
NO PURCHASE NECESSARY TO ENTER OR WIN. Internet access and valid e-mail address required. Eligibility: Contest open only to legal residents of the contiguous forty-eight (48) United States and the District of Columbia, who have attained the age of majority in their jurisdiction of residence at time of entry. Void in Puerto Rico, Alaska, Hawaii and where prohibited or restricted by law.
Objective of Contest: Show why you or your band (band cannot exceed five (5) members in size) deserves a big break by creating a video of you or your band performing live.
Samsung’s “Summer Krush 2011 Opening Act” Contest (the “Promotion” or “Contest”) begins on or about 12:00:01 am ET 7/15/2011 and ends at 11:59:59 pm ET on 9/6/2011. WHOOZNXT.com’s computer is the official clock for this Contest. To enter, navigate the Internet to www.contest.samsungsummerkrush.com (“Website”) and navigate to the Opening Act Contest page. You (“Entrant”)** must be a registered member of the Website to enter. Registration is free and only required once. Enter as follows:
An “Entry” consists of an individual or a band’s registration information and video (“Entry” or “Submission”).
Carefully read the Official Rules and Grant of Rights and Release. Then, click the check boxes signifying that you have read, fully understand and agree to these Official Rules and the Grant of Rights and Release. Click the Submit button to send your Entry.
**FOR PURPOSES OF THIS CONTEST, “YOU” MAY REFER TO AN INDIVIDUAL HIM/HERSELF IF ENTERING THE CONTEST ON HIS/HER OWN BEHALF OR TO THE INDIVIDUAL AS A REPRESENTATIVE FOR A BAND, DEPENDING ON THE CONTEXT IN WHICH IT IS USED. IF AN INDIVIDUAL IS ENTERING THE CONTEST AS A REPRESENTATIVE OF A BAND, SUCH INDIVIDUAL REPRESENTS AND WARRANTS THAT (A) HE/SHE IS AN ACTIVE MEMBER OF THE BAND; (B) HE/SHE HAS ANY AND ALL NECESSARY AUTHORITY TO ACT ON THE BAND’S BEHALF FOR PURPOSES OF PARTICIPATION IN THIS CONTEST; (C) ALL MEMBERS OF THE BAND MEET THE ELIGIBILITY CRITERIA SET FORTH HEREIN; (D) NO OTHER BAND MEMBER WILL SUBMIT AN ENTRY IN THE CONTEST ON BEHALF OF THE BAND (THAT IS TO SAY, HE/SHE IS THE EXCLUSIVE AND SOLE REPRESENTATIVE OF THE BAND FOR PURPOSES OF THE CONTEST).
If you are an existing member of the Website, simply sign-in on the Contest Registration home page with your name and your band’s name (if applicable) and password.
If you are not a member, you can register by clicking on the link located on the Contest Registration home page and follow the steps below.
- Step 1: You will be asked to provide your name and your band name (if applicable), e-mail address, daytime telephone number, cell phone carrier, zip code and to select a password. Click the “Create Account” button
- Step 2: Connect your Opening Act account to your and/or your band’s social media accounts. You can select from Facebook, Twitter and YouTube to help accumulate points for your/your band’s entry. You must authenticate each social media platform account to use it. You will be required to check a box signifying that you have read, fully understand and agree to these Official Rules.
- Step 3: On the Websitesign in to YouTube.com. You or your band must be a YouTube member in order to upload a video and enter the Contest.**
- Step 4: After carefully reading these Official Rules, select a video file showing you or your band performing (Video should only contain you and your band singing and playing instruments). Video must be no longer than five (5) minutes in length and video must only include original music from you or your band.
- After selecting your Video confirm your selection by clicking the “Yes” button.
YOU MAY CHANGE YOUR VIDEO SELECTION AT ANY TIME BUT YOUR SCORE WILL ONLY REFLECT POINTS EARNED BY THE VIDEO SELECTED AT THE END OF THE CONTEST PERIOD.
Entries must be manually key-stroked; use of automated entry devices or programs is prohibited.
IF YOU DO NOT CHECK THE BOXES INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES AND GRANT OF RIGHTS AND RELEASE, YOU/YOUR BAND WILL NOT BE ELIGIBLE TO ENTER THE CONTEST OR WIN THE PRIZE.
IF YOU DO NOT FULLY AGREE TO ALL POLICIES OF WWW.YOUTUBE.COM, DO NOT USE THE CONTEST WEB SITE OR ENTER THE CONTEST.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Additional Entry Rules and RestrictionsLimit one Entry per person/band/e-mail address. Multiple entries will result in the disqualification of all of your/your band’s entries. Entry must be created entirely by a single individual/band. Sponsor will not be responsible for late, lost, incomplete, illegible, damaged, garbled, misdirected entries.By entering this Contest, participants agree to these Official Rules and the decisions of judges (including Administrator) and Sponsor, which are binding and final in all matters relating to this Contest.
VIDEO MUST BE SOLELY THE ORIGINAL WORK OF ENTRANT/ENTRANT’S BAND AND SONG CANNOT HAVE BEEN PREVIOUSLY PUBLISHED; DO NOT COPY SOMEONE ELSE’S WORK OR OTHERWISE BASE YOUR VIDEO, IN WHOLE OR IN PART, ON SOMEONE ELSE’S WORK. Video must not violate the trademark, trade dress, copyright or any other rights of any third party. By submitting an Entry, you expressly represent and warrant that you/your band owns or controls all rights in and to your/your band’s Entry and that submission of your/your band’s Entry or use of the rights you (personally and on behalf of your band, as applicable) grant Sponsor will not infringe upon any third party rights or require any payment to any person or entity. In any event, if Sponsor, in its sole discretion, has reason to believe that an Entry contains any material that may infringe or violate the rights of a third party, Sponsor may disqualify such Entry without notification to Entrant and take all other measures as Sponsor deems necessary and appropriate so as to protect its rights. Video may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that includes a video that: (i) is sexually explicit or suggestive; violent in any way (including but not limited to implying or causing any actual injuries to persons or property) or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; (ii) promotes alcohol, illegal drugs, tobacco, firearms/weapons; (iii) is obscene or offensive; (iv) endorses any form of hate or hate group; (v) defames, misrepresents or contains disparaging remarks about Sponsor or any other people or companies; (vi) advertises or promotes a business, charity, political, religious or other cause; (vii) communicates messages or images inconsistent with Sponsor’s reputation, image and/or goodwill; or (viii) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, including for broadcast on network television, as determined by Sponsor,or any broadcasting entity, in their sole discretion. Entries not complying with these Official Rules in any respect will be disqualified.
By submitting an Entry, each Entrant (personally and on behalf of his/her band, as applicable) grants to Sponsor, and each of its parents, subsidiaries, affiliates, licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable (in whole or in part), sublicenseable right and license (under all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, reproduce, manufacture, construct, distribute, sell, offer to sell and/or otherwise exploit the Entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice, with or without attribution, and without the requirement of any permission from or payment to the Entrant or to any other person or entity, including the members of Entrant’s band, as applicable (collectively, the “License”). The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; (b) include the Entry as part of a composite work; and (c) make derivative works based on the Entry, or any part thereof. The License expressly includes, without limitation, the right of Rights Holders, in their sole discretion and without further notice to the Entrant, to modify the Entry (including the Video) for purposes of creative needs, production requirements or for any other reason. Entrant further acknowledges and agrees that Rights Holders have complete discretion as to the nature, style, appearance and/or quality of the video montage based upon/derived from the Entry (if applicable). Entrant (including members of Entrant’s band, as applicable) whose Video is selected as the winner to be broadcast in the Show (as defined below in Section 6) may be required, in Sponsor’s sole discretion, to grant the above stated rights on an exclusive basis.
By submitting an Entry, each Entrant(personally and on behalf of his/her band, as applicable) agrees that Rights Holders may, without notice or consideration to Entrant, sublicense or otherwise transfer any or all of the rights granted hereunder (including, without limitation and if applicable, the License) to any third party. Each Entrant(personally and on behalf of his/her band, as applicable) further understands and agrees that Sponsor has no obligation to exercise any of the rights granted by Entrant herein. Prior to entering, each Entrant agrees to secure the written consent of his/her band mates and any other individual appearing in or contributing to the creation of the Video and shall supply copies of such written consents to Sponsor upon request.
By submitting an entry, each Entrantgives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission, including the consent and all necessary rights from those appearing or contributing to the creation of the Video), to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post Entrant’s and all other individual’s who participate or appear in the Video (“Participants”) name, likeness, voice, performance, and all other information about the Participants contained in the Entry on the World Wide Web, and to otherwise use Participants’ entry, name, likeness, voice, performance, and all other information about the Participantswithout compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor).
By submitting an entry, each Entrant(including members of Entrant’s band) waives any so-called “moral rights” in connection with Entry and shall not have any right of approval as to any rights exercised by the Rights Holders.
By submitting an Entry, each Entrant(personally and on behalf of his/her band, as applicable) further acknowledges and agrees that (a) the relationship between Entrant (including members of his/her band, as applicable) and Sponsor is NOT confidential, fiduciary or otherwise special and (b) that the Sponsor has wide access to ideas, stories, videos, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/videos/designs/literary/artistic materials may be competitive with, identical to or similar to the Entry submitted by Entrant and that Sponsor shall have no liability to Entrant(including members of his/her band, as applicable) in conjunction therewith.
Entrant further agrees, upon the request of Sponsor (or any other Rights Holder) and without additional compensation, to execute any and all documents and take any and all actions deemed necessary by Sponsor (or other Rights Holder) in its/their sole discretion so as to effect, record or perfect the preceding grant of rights (including the License) and/or to enable Sponsor (or other Rights Holder) to exploit such grant of rights to the fullest extent permitted by law. Entrant further agrees that, if entering as a representative of a band, to execute and causing all other members of the band to execute such documents and taking such actions so as to effect, record or perfect the preceding grant of rights (including the License) and/or to enable Sponsor (or other Rights Holder) to exploit such grant of rights to the fullest extent permitted by law.
Contest is open only to legal residents of the contiguous 48 United States and D.C. who have attained the age of majority in their jurisdiction of residence at time of entry. Void in Puerto Rico, Virgin Islands and other U.S. Territories, and where prohibited by law. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within six months prior to the start date of the Contest and thereafter, performed services for Sponsor, American Broadcasting Companies, Inc., 12:05 AM Productions, LLC,Jackhole Industries, LeadDog Marketing Group, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize (or any prize component), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. To be eligible to participate in the Contest, Entrants (including members of his/her band, as applicable) may not have been convicted of a felony, have criminal charges pending against them, or had a restraining order entered against them. Entrant(including members of his/her band, as applicable) understands and agrees that, if selected as potential winner, each member of the band may be required to consent to a background check; and, failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification and prize forfeiture.
The winning Entry will be selected based on the following factors: number of points received during round one (see chart below), professional quality presentation, and commercial viability/marketability; all within the philosophy and direction of Sponsor, taking into account the Submissions, and each Entrant performance ("Judging Criteria").
Data Collection will be comprised of a point system of accumulated video views, likes, and Twitter Re-Tweets on a 1:1:1 ratio. Winning Entrant will be selected from those artists with the highest number accumulated points from this system.
Element Point Value Views (Must view video for :20 or 20% of total video length depending on which is shorter) 1 Likes (Cannot Like a video unless you View the video as per above) 1 Re-Tweets (Must tweet a message including #@summerkrush from the website) (Must tweet a message including #@summerkrush from the website) 1
Up to the top 25 entries based upon their total point value will be reviewed by Sponsor, Samsung, representatives of Jimmy Kimmel Live (collectively, “Judging Panel”), who will choose the winning Submission based on the Judging Criteria above. In the event of a tie an additional judge will be added until the tie is broken.
Winning Entrant will receive a trip for him/herself and up to four (4) additional band members to Seattle, WA where he/she or his/her band (as applicable) will have the opportunity to perform live as the opening act (“Performance”) at the Finale of the Samsung Summer Krush Concert Series (“Finale Event”) and have their performance aired on Jimmy Kimmel Live (“Show”). Any such use of the Performance in the Show will be at Show’s sole discretion in all respects.Without limiting the foregoing, winning Entrant(including members of Entrant’s band, as applicable) shall have NO right of review or approval of the Performance as it appears in the Show. Entrants acknowledge and agree that the Performance as included in the Show may be modified, perhaps significantly, from the Finale Event. Such modifications may occur in Show’s sole discretion and for any reason including, without limitation, as a result of production needs, creative preferences, or broadcast standards requirements. Sponsor and the Released Parties (as defined in Section 7 below) are not responsible in the event the Show in which the Performanceis to appear (the “Performance Episode”), to be taped on or about 10/10/11 (date subject to change at Show’s sole discretion), does not air as originally intended whether as a result of delay, cancellation or pre-emption in whole or in part. Sponsor and the Released Parties are not obligated to air the Performance.
Trip consists of round-trip coach air transportation for up to five (5) persons to Seattle, WA from major commercial airport of Sponsor’s sole choosing near winner’s residence [if winning band, the residence of Entrant]; 2-nights’ standard hotel accommodations (up to two rooms)) in a hotel of Sponsor’s choice in Seattle area; round-trip ground transportation between the hotel and Finale Event; round-trip ground transportation between Seattle airport and hotel and production per diem.Sponsor shall also provide per diem in the amount of $50 per person, per day, for each band member. All members of winner band shall receive equal travel, transport, per diem and accommodations while in Seattle, WA for the Contest. (Approximate retail value (“ARV”) of prize: $7,000).
Actual final value of trip may be higher or lower based on point of departure and ticket and hotel availability and cost at time of purchase. If Grand Prize winner [if winning band, the Entrant] lives within approximately 150 miles of Seattle, WA, he/she may receive (at Sponsor’s sole discretion), in lieu of air transportation, round-trip local transportation between winner’s residence and hotel. If winner is a solo performer or winner’s band has fewer than five (5) Members, Grand Prize will only be awarded in increments for winner him/herself (if solo performer) or actual number of band members and no compensation or substitute prize shall be awarded in conjunction therewith. For the avoidance of doubt, only the winning solo performer or members of the winning band will receive the trip and the trip will NOT include any guests. To attend Finale Event, Grand Prize Winning Entrantand band members must be available to travel on or about mid-September, 2011 (schedule subject to change at Sponsor’s sole discretion). Therefore, Grand Prize Winner (if winning band, all band members) must be available to travel to attend Finale Event in as little as three (3) days from date of initial winner notification.If winner and all band members cannot travel to attend Finale Event for any reason or such event is postponed or delayed for any reason, winner will be disqualified without compensation of any kind and the Entry selected as the next best submission by the Judging Panel as per Rule 4 above will be deemed the Grand Prize winner. Finale Eventperformance component of prize is subject to, and Sponsor is not responsible for, changes to production schedule, production exigencies or delays, FinaleEvent postponements or Finale Events cancellation. Winner acknowledges and agrees that portion of prize relating to performing at Finale Eventand appearance on Show be it the Mid-September, 2011 taping or any other date) has no retail value.
Grand Prize Winner (personally and on behalf of his/her band, as applicable) understands and agrees that his/her or the winning band’s performance (as applicable) at the Finale Event may be recorded in electronic, audio and/or video formats for possible broadcast on television, the Internet/world wide web and otherwise (including via media that may not yet have been invented.) Relative to same, Grand Prize Winner (personally and on behalf of his/her band, as applicable) expressly acknowledges that, as between Grand Prize Winner/Winner’s band (as applicable) and Sponsor, Sponsor shall own any and all rights to such recordings and may use such recordings for any lawful purpose without further notice or compensation to Grand Prize Winner/Winner’s band (as applicable). Grand Prize Winner further agrees, upon the request of Sponsor and without additional compensation, to execute any and all documents and take any and all actions deemed necessary by Sponsor in its sole discretion so as to effect, record or perfect Sponsor’s ownership rights in such recordings and, if Grand Prize Winner is part of a band, to use his/her best efforts to facilitate the other Band members executing such documents and taking such actions so as to effect, record or perfect Sponsor’s ownership rights in such recordings.
Winner is solely responsible for all other expenses not specified herein, including but not limited to meals, beverages, tips, taxes and hotel incidentals. Winner and band members must travel together on specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety without compensation of any kind. Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change, availability and Sponsors’ approval. Sponsor is not liable for any expenses or missed Prize elements resulting from flight cancellation/delay. Grand Prize winner and band members are solely responsible for any travel documentation and related requirements and for determining applicable procedures and restrictions. The Grand Prize winner may be required to present a valid photo ID and/or credit card at the airport and at the hotel at the time of check-in. Winner and band members must provide own transportation to and from departure airport. Contest is available to over 100 million Internet users.
IF GRAND PRIZE WINNER IS A BAND, SPONSOR WILL HAVE FULFILLED ITS RESPONSIBILITIES AS TO PRIZE AWARD BY PROVIDING ALL PRIZE-RELATED MATERIALS TO THE WINNING ENTRANT (THAT IS, THE BAND REPRESENTATIVE). SHOULD THE WINNING ENTRANT FAIL TO SUPPLY PRIZE-RELATED MATERIALS TO MEMBERS OF WINNING BAND, MEMBERS OF WINNING BAND SHALL ONLY HAVE RECOURSE AGAINST WINNING ENTRANT AND THE SPONSOR, ADMINISTARTOR AND OTHER RELEASED PARTIES (AS DEFINED BELOW) WILL HAVE NO LIABILITY OF ANY KIND.
Potential winning Entrant will be notified by e-mail and/or phone on 9/8/11. In order to remain eligible, potential winning Entrant (including all members of his/her band, as applicable)must each sign and returnby 5:00 pm ET on 9/12/11, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law, a signed “hard-copy” of the Grant of Rights and Release and the Official Rules, as well as any other documents that Sponsor, American Broadcasting Companies, Inc., 12:05 AM Productions, LLC and/or NXTM LLC may require. Winner (including members of Entrant’s band, as applicable) agree that anelectronic signature shall have the same legal effect as the originals; but, winner (including members of Entrant’s band, as applicable) must provide original documents to Sponsor and/or its agency prior to issuance of travel documents. If potential winner does not reply to such notification and return the required documents within the applicable time period (as set forth above) winner will be disqualified without compensation of any kind and the Entry selected as the next best submission by the Judging Panel as per Rule 4 above will be deemed the Grand Prize winner. Winner and members of winning band must sign and return a travel release prior to issuance of documents.
No substitution, transfer or cash redemption of prize (or any prize component) except with Sponsor’s permission or where required by law. If for any reason prize (or any prize component) becomes unavailable, Sponsors may award a substitute prize/prize component of equal or greater value.
TAXES ARE THE SOLE RESPONSIBILITY OF WINNING ENTRANT, WHO WILL RECEIVE AN IRS FORM REFLECTING THE ACTUAL FINAL RETAIL VALUE OF THE PRIZE (IF BAND WINS THE PRIZE WINNING ENTRANT WILL BE RESPONSIBLE FOR ENTIRE VALUE OF PRIZE). SPONSOR IS NOT OBLIGATED TO ALLOCATE TAXABLE INCOME AMONGST THE MEMBERS OF THE WINNING ENTRANT.
SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF PRIZE (OR ANY PRIZE COMPONENT), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Release & Indemnity
By submitting an Entry, each Entrant (personally and on behalf of his/her band, as applicable)agrees to release, discharge and hold harmless Sponsor,American Broadcasting Companies, Inc., 12:05 AM Productions, LLC,Jackhole Industries, NXTM LLC, LeadDog Marketing Group, their respective parent, subsidiary and affiliated companies, licensees, advertising and promotional agencies and prize suppliers and their respective past and present officers, directors, employees, shareholders, agents and representatives, as well as Facebook, Inc. (collectively, the “Released Parties”) from and against any and all claims, actions or liabilities of any kind arising from or relating to participation in the Contest, the receipt, use or misuse of prize, Rights Holders’ use or nonuse of any of the rights granted herein and in the Grant of Rights and Release, and any other claim, action or liability of any kind, including but not limited to claims for defamation, violation of right of publicity, misrepresentation, infringement of trademark, copyright, patent or other intellectual property rights, property damage, invasion of privacy, infliction of emotional distress, personal injury or death. By submitting an Entry, Entrant (personally and on behalf of his/her band, as applicable) agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses and liabilities (including reasonable attorneys fees) arising out of or relating to Entrant’s submission of an Entry; Entrant’s participation in the Contest; Entrant’s acceptance or use/misuse of prize; Rights Holders’ exercise of any of the rights granted by Entrant (including, without limitation, the broadcast, manufacture, exploitation or other use of the Entry and/or the Videos derived from or based upon the Entry, and any intellectual property or proprietary rights associated therewith); and/or Entrant’s breach of any of his/her representations and undertakings. Entrant further acknowledges and agrees that Rights Holders have complete discretion as to the nature, style, appearance and/or quality of the Video based upon/derived from the Entry and release all claims in connection therewith. All federal, state and local laws and regulations apply.
Limitations of Liability
Released Parties are not responsible for failed, partial or garbled computer transmissions or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest is not capable of running as originally planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual (or band) who tampers with the Contest, and/or to terminate, modify or suspend the Contest. In such event, Sponsors reserve the right to conduct the Contest and award the prize in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in their sole discretion. Tampering includes any attempt to manipulate or miscategorize the number of views, likes, and re-tweets resulting in points. Notice of such action by Sponsor will be posted on web site. No responsibility is assumed by Released Parties for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, loss, theft or destruction or unauthorized access to entries; human error; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, or any combination thereof, including any injury or damage to any person’s computer (or any information/materials stored thereon) related to or resulting from participation in or downloading any materials in connection with this Contest. Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ON-LINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CIVIL AND/OR CRIMINAL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Disputes:Arbitration/Choice Of Law
Except where prohibited, Entrant (including members of Entrant’s band, as applicable) agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the award of prizes/determination of prize winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
PMK*BNC LLC, 8687 Melrose Ave, 8th Floor, Los Angeles, CA 90069
LeadDog Marketing Group, 159 West 25th Street, 2nd Floor, New York, NY 10001.
Name of Prize Winner
For the name of the Grand Prize winner/winning Band, available after 9/30/11, mail a self-addressed, stamped envelope to:
Summer Krush Opening Act ContestWinner
c/o LeadDog Marketing Group,
159 West 25th Street, 2nd Floor
New York, NY 10001
Requests received after 10/31/11 will not be honored.